Opinion of the CCJE Bureau following the request of the Polish National Council of the Judiciary


“The Bureau of the CCJE is deeply concerned at the implications of Draft Act for constitutional principle of separation of powers as well as that of the independence of the judiciary, as it effectively means transferring the power to appoint members of the Council from the judiciary to the legislature. This proposed new method for selecting judicial members of the Council is not in accordance with European standards for judicial independence. It will increase the influence of the legislative power over the judiciary and infringe the well-established principle that judicial members of a Council for the Judiciary should be chosen by their peers.”